Jordan freed of misconduct charges related to sale of State property to BK

May 21, 2023 News

---

Court Journal

 …State to appeal ruling 

By Renay Sambach 

Kaieteur News – Former Finance Minister, Winston Jordan was on Tuesday freed of the charge alleging he misconduct himself in public office by selling state property way below market value to BK Marines Limited at a price that was grossly undervalued.

The former minister made his first court appearance in December 2021 when he appeared before Chief Magistrate Ann McLennan and was placed on $3M bail.

The paper committal trial in the matter was slated to commence on Tuesday before Senior Magistrate Leron Daly at the Georgetown Magistrates’ Courts.

However, the magistrate upheld a no-case submission made on behalf of Jordan by his lawyers Roysdale Forde, SC and Dawn Cush.

Jordan’s lawyers contended that the prosecution failed to prove a key element of the charge, to show that their client is a public officer. Their argument is that Jordan does not meet the criteria of a public officer, as he was appointed to serve as a minister of the former government.

After reviewing the defence submission, Senior Magistrate Daly upheld the no-case submission highlighting that the prosecution failed to provide sufficient evidence that Jordan was classified as a public officer. The magistrate then discharged the case against him.

Jordan was not required to plead to the indictable charge. He was slapped with a charge which alleges that while being and performing duties of Minister of Finance and being the Minister responsible for the National Industrial and Commercial Investments Limited (NICIL), a company owned by the Government of Guyana, between February 26, 2020 and July 31, 2020 at Main Street, Georgetown, he willfully misconducted himself.

It was alleged that the former minister acted recklessly when he signed NICIL Order, No. 50 of 2020, transferring to and vesting in BK Marines Inc., Mud Lots situated at North Cummingsburg, Georgetown, being over 2.553 acres, by paying $20,260,276, for a property valued over $5B and being sold at a price that was grossly undervalued to such a degree as to amount to an abuse of the public trust and without reasonable excuse or justification.

The charge was brought against him by the Special Organised Crime Unit (SOCU), an arm of the Guyana Police Force (GPF).

Kaieteur News had reported that Jordan was first arrested on December 2, 2021 and later released on bail for a series of allegations relating to transactions of public funds and state properties, estimated to value billions of Guyana dollars.

According to the police, the first transaction that he was interviewed about is in relation to the alleged sale and vesting of the State’s largest wharf facilities located at Kingston, Georgetown, valued approximately US$40,000,000 but was reportedly sold for US$500,000.

It was alleged that the purchaser BK Marines Inc., only paid US$100,000, which is 10 percent of the purchase price, and Jordan issued a Vesting Order passing Title to the purchaser, without the payment of any further sum of monies.

It was further stated that the Vesting Order stated that the property is being sold free from encumbrance and liabilities and no further sum of money is owed by the purchaser.

Also, subsequently the transport was reportedly issued for the property and the value stated on the transport was US$2,000,000. It was noted however, that the agreement of sale stated that the title must only be passed upon full payment of purchase price.

The police also reported that investigators have evidence to establish that a facility which is a mere fraction of the size of the state property that is under investigation, and located seven miles upriver, was sold by a private company for US$17 million.

APPEAL

Following the ruling by the Magistrate, the Attorney General (AG) Anil Nandlall, SC, issued a statement highlighting that Senior Magistrate Daly erred in law by not following the ruling by the High Court which set the precedent on the issue, that a minister can be charged as a “Public Officer.” The AG said too that the magistrate’s decision to not follow the ruling by the higher court amounts to an “egregious error.”

He referenced a similar case where Dr. Ashni Singh was slapped with a similar charge in relation to him selling State property while he was Minister of Finance between 2011 and 2015.

According to Nandlall, the validity of the charge was challenged in the High Court on similar grounds, that as Minister of Finance, Dr. Singh was not a Public Officer. However, after reviewing the submissions made to the court, the Acting Chief Justice (CJ), Roxanne George-Wiltshire ruled that Dr. Singh can be charged with the offence of ‘Misconduct in Public Office’ notwithstanding that he was a Minister. Nandlall’s argument is that with the CJ ruling not being appealed, it remains law on the issue. He underscored that the two cases are almost identical in both issues of facts and law, and the decision of the learned Chief Justice in the Dr. Singh case constitutes a binding precedent on the learned magistrate.

Further, the attorney general reminded that first-year law students are taught that the doctrine of Stare Decisis, by virtue of which the decision of the High Court on a particular principle of law, is binding precedent on a magistrate, to the extent that the magistrate has no jurisdictional freedom to depart from that High Court’s decision.

Moreover, at his recent press conference on Thursday, Vice President (VP), Dr. Bharrat Jagdeo vowed that the Magistrate’s ruling will be challenged.

The Vice President shared similar sentiments like the Attorney, on that ground he disclosed that the State will appeal Senior Magistrate Daly ruling.

To share any useful information you can contact me via email: [email protected] 

 

---

• Anil Nandlall, Bharrat Jagdeo, Leron Daly, misconduct charge, Winston Jordan

---